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Panel to review D.A.’s residency status
by Philip D. Brown
23 months ago | 2328 views | 6 6 comments | 22 22 recommendations | email to a friend | print
Parker
Parker
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A challenge to North Carolina Prosecutorial District 20A District Attorney Michael Parker’s candidacy for reelection has raised questions over his place of residence.

Parker is seeking reelection against fellow Democrat and Richmond County Attorney Reece Saunders.

Parker responded to the allegations in a press release datelined “Marston,” in which he said he “welcomes the inquiry.”

“My opposition has circulated these rumors for years, and I look forward to vindicating myself on this issue,” Parker said.

He explained he now lives in the Richmond County township of Marston, but splits time on the family farm near Vass in Moore County where he was born and raised.

When he became a prosecutor in 1989, District 20 still included Moore County, which was split off in 1996. The district now just includes Richmond, Anson and Stanly Counties.

“I never left the district, the district left me, so I moved to Richmond County after buying a home here in 2000, and have been very active in community programs in all three counties,” Parker said.

North Carolina Board of Elections General Counsel Don Wright explained the process the state uses to review challenges to the candidacy of someone.

“A panel will be appointed by the state board of elections, made up of individual members from the board of elections in those three counties,” Wright explained. “It can be a three or a five-member panel - that is a decision the state board has to make.”

The state board of elections is scheduled to meet Thursday, when the issue could be heard, Wright said.

The concern is that the matter could drag on and not allow for adequate time to advertise the official ballot before the May primary.

“The panel will conduct an expedited hearing, and it certainly should be heard, according to state law, in a timely manner prior to the May primary,” Wright said.

North Carolina General Statute gives the candidate the burden of proving they live where they say they do, and provides three conditions that must be met.

First, “an actual abandonment of the first domicile, coupled with an intent not to return to the first domicile.”.

Second, “the acquisition of a new domicile by actual residence at another place,” must be proven.

And third, the candidate must prove “the intent of making the newer domicile a permanent domicile.”

Parker was appointed district attorney by the Easley administration in 2004 when the seat became vacant between elections.

Voters in the three counties elected him to a four-year term in 2006.

In the release, Parker also discussed his prior dealings with Faye Gathings of Lilesville, who filed the challenge with the Anson County Board of Elections and “is no stranger” to him.

“She used a similar tactic in 2006 when she filed a petition to remove Parker from office for his 2005 decision not to indict Joy Burgess in the death of her son,” the release reads. “Gathings has also sued Parker, and attempted to have petitions signed following his decision.”

Brian Gathings was killed after he broke into the Burgess home on the night of Dec. 1, 2004, according to the release. He had charges pending against him in District and Superior Court at the time of his death. One of his court dates was set for Dec. 2, 2004.

The release also says Gathings had been ordered to stay away from Burgess because of a history of domestic violence in their relationship.

“My decision in Gathings’ death was that of a justified homicide, based upon his conduct before and during the break-in, and (North Carolina General Statute) 14-51.1, which provides for the use of deadly force against an intruder,” Parker said.

Gathings said her motivation “was not to hurt Mr. Parker personally in any way.”

“I just don’t believe Mr. Parker has the best interest of the people of North Carolina Prosecutorial District 20A at heart,” Gathings said. “I believe he is more interested in furthering his career than he is about justice, and my goal is to make sure he is voted out of office.”

She also accused Parker of using her son’s homicide to skirt questions over his residency as well as “being willing to sacrifice my son with only a pretext of an investigation.”

“But this isn’t about what happened to my son, this is all about Mr. Parker and his honesty,” Gathings said. “He is not an honest person, he doesn’t live in our district and I think the evidence will show that he doesn’t.”

Staff Writer Philip D. Brown can be reached at (910) 997-3111 ext. 32, or by e-mail at pbrown@yourdailyjournal.com.
Comments
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Rectitude
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March 03, 2010
This non-issue is such a transparent attempt to vilify DA Parker. As the article states, he moved here in 2000 after Moore County was cut off of this judicial district. Check Parker's voter registration. He is not only a registered Richmond County voter, he has also voted in every election, as a Richmond County Resident, since September, 2002. If the Board of Elections has let him establish domicile to vote here, he can run for office here. He pays real and personal property taxes here. Heck, his driver's license is here. A check of property records shows that his current residence is his SECOND house in Richmond. If he didn't want to be here, when he sold his first house, wouldn't he have moved somewhere else other than in the county? I know where his house is, and it is well in Richmond County. If Uncle Sam's draft board ever had to find Michael Parker, they'd go look for him in Richmond County. How much more do you need to be a resident of Richmond County?

So Parker owns property out of county that has been in his family for many years - Big Deal. Does the fact that a bunch of Richmond County Criminal Defense Lawyers own houses at the beach make them any less residents of Richmond County? If this man chooses to spend some weekends baling hay or putting up fence posts to preserve a family legacy for his children instead of sunning himself at North Myrtle, I say he should go for it. It is that kind of man, down-to-earth and dedicated to hard, honest work, that this county needs.

As stated so well by Tomdapopo in an earlier post, do your own checking. Michael Parker is a career prosecutor who has handled the challenges of his office with class and dignity. In doing so, DA Parker has earned the respect of his prosecutorial colleagues throughout the state. I think you can judge a public servant on what his peers think of him. After talking to a number of prosecutors, I know DA Parker has my vote! (Perhaps it is those who feel entitled to special treatment who resent having an evenhanded DA who decides cases on merit rather than favoritism - rhamlover?)

meyersguys
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March 03, 2010
If Micheal Parker has been the DA for six years, why is this a problem now? and as far as the RHA goes, the only thing I fault Parker and Voorhees for is not locking the rest of the crooks up down there. I believe the new director has said enough and found enough down there to prove much of the stuff was true, I hope the investigation continues and gets to the truth.. its obvious the the poster is either Ms. McSween or a gisgruntled member of her little click. I for one think Parker should keep his position, i don't know anything about Reece Saunder, but he is attorney in this county and I am sure he is part of the problem with getting the criminals out of jail.
rhamlover
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March 03, 2010
"He explained he now lives in the Richmond County township of Marston, but splits time on the family farm near Vass in Moore County where he was born and raised."

"First, 'an actual abandonment of the first domicile, coupled with an intent not to return to the first domicile.'"

So he basically admits that he broke the first rule.

But my main concern isn't where he lives. He has forced himself into getting an entire floor for the DA's office in the new courthouse. After the county commissioners voted not to get him that equipment, he went around them and what had already voted on.
TOMDAPOPO
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March 03, 2010
I am a Police Officer in Anson County, I live in Richmond County and can shed a little light on this subject. I know Mr Parker through a working relationship and I can say without a doubt, that Mr. Parker has been a fantastic DA. He works well with all the Law Enforcement departments that want to work with him and is always available for assistance. That may not sound like much, but to the Officer on the street it means alot. I dont know Mr. Saunders, I'm sure he is a nice guy, but I believe that if you have man that has been doing a great job for the people of this district, then why change. As far as Mrs Gathings goes and her persitant dislike for how her sons death was handled, let me fill you in on that. Mrs gathings son was told not to come to the resitance of the woman who shot him. He was told this because he had allegations of him assaulting her from past episodes. He went to this womans house, intentions unknown, and she was in fear of him hurting her. Apparently he attempted to break in her door and while she was in fear she shot him. This is not an unsual thing for people to do when they feel someone is trying to harm them.I'm sorry that Mrs. Gathings pain for the loss of her son has turned into a all attack on Mr Parker, but the facts are the FACTS. Now I ask you do want a DA that is going to do things just to please one person or do you want a DA that is going to use common sense and make the right decisions for all. I can assure you that Mr. Parker is an HONEST person and will continue to Be a Great asset to our district. Its funny how when election time comes around the people trying to run against the people already holding the office like to throw the first stone. Dont let one persons oppinion sway you from your vote. If you really want to make good decision do your own checking.
jennatalia
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March 03, 2010
More people with ulterior motives trying to start trouble. If anything is a waste to the taxpayers its a lame challenge to Michael Parker's residency especially if its already been heard before.

As far as the RHA situation, it will take a long while to clean up the mess, no thanks to those who were in charge there. More waste to the taxpayers there too.
disgustedingc
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March 02, 2010
I don't know Ms. Gathings but I totally agree with her opinion of Michael Parker. He is a dishonest man who looks out only for himself and not the well being of Richmond County. Mr. Parker has almost ruined the life of an upstanding citizen of Richmond County and her family with his false accusations along with Chief Bobby Vorhees and they continue to admit no wrongdoing. He continues to spout that he had justification for the erroneous charges brought against Mildred McSween, charges that were trumphed up by his cohort(Chief Vorhees) in a witch hunt that cost the tax payers of Richmond County and is going to continue to cost us. He should have stopped Vorhees in his tracks with the nonsense but he wanted to sensationalize something that turned out to be nothing. Also while he may say that there is an on going Federal investigation of the RHA and past officials, I doubt there is because had there been he would not have been involved with this case at all. I am sure that there are many other citizens of the county that have been wronged by Mr. Parker in his quest for another term as DA. Is this a person that we want to handle cases in what he says is in the best interest of Richmond County? Dont get me wrong, if someone is guilty of a crime I am all for justice being served but he is out to make himself look good at the expense of others and the taxpayers!!
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